Patna High CourtCR. MISC./69107/2025bail granted

Wajid Ahmad v. The State Of Bihar

2025-10-08Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69107 of 2025 Arising Out of PS. Case No.-296 Year-2019 Thana- BAISI District- Purnia ====================================================== Wajid Ahmad S/O Abdul Rakib @ Abdul Raquib R/O 63, Linton Street, POEntally, P.S- Beniapukur, Distt.- Kolkata, State- West Bengal. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Helal Ahmad, Advocate For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Baisi P.S. Case No. 269 of 2019 registered for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution story, an F.I.R. was lodged by the informant regarding the recovery of 224.250 liters of foreign liquor from a Tata Indigo Maza vehicle bearing registration number WB06G-4981. The vehicle was found in the possession of its driver, Pradeep Kumar. Upon inspection, the police recovered 210 bottles of Royal Stag whisky (750 ml each), 73 bottles of Mac Dowells rum (750 ml each), and 24 bottles of Kingfisher beer (500 ml each). The total quantity seized amounted to 224.250 liters of foreign liquor.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69107 of 2025(2) dt.08-10-2025 2/3 seized articles is said to have been recovered from an Indigo Maza vehicle bearing Registration No.WB06G-4981, which is said to have been soled away to Chandrani Enterprises Pvt. Ltd. having its office in Kolkata and the delivery challan was issued by the said company on 22.07.2015, which is incorporated with the present anticipatory bail application. It has further been submitted that the petitioner has got no criminal antecedent and that the Co-ordinate Bench of this Court has already granted bail to the driver of the said vehicle vide order dated 04.03.2020 passed in Cr. Misc. No.8570 of 2020.

5. Learned counsel for the petitioner submits that he was never informed either regarding confiscation or registration of this case in the year 2020 and he came to know only when the Police took steps for arresting this petitioner and therefore, having apprehension of his arrest, has filed an anticipatory bail petition being A.B.A. No.237 of 2025 before the learned Exclusive Special Judge Excise Court No.1, Purnea, which is said to have been rejected vide order dated 27.08.2025.

6. Without accepting the guilt, learned counsel for the petitioner proposes to deposit Rs.10,000/- to the Advocate Association of the Patna High Court, Patna.

7. Learned APP for the State opposes the prayer for anticipatory bail application.

Patna High Court CR. MISC. No.69107 of 2025(2) dt.08-10-2025 3/3

8. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner and the petitioner has clean antecedent and the driver of the vehicle in question has already been granted bail by a Co-ordinate Bench of this Court vide order dated 04.03.2020 passed in Cr. Misc. No.8570 of 2020, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

9. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.1, Purnea in connection with Baisi P.S. Case No. 269 of 2019 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023 and on production of the receipt showing deposit of Rs. 10,000/- as proposed on behalf of the petitioner. (Ajit Kumar, J) sharun/- U T